General terms and conditions for the Qube Bergheim hotel accommodation contract
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided for the customer by the Qube Hotel, hereinafter referred to as the hotel.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
3. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II.Conclusion of contract.-partner, statute of limitations
1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199, Paragraph 1 of the German Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices; Payment; On Bill
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.
3. The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.
4. The prices can also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel's services or the length of stay of the guests and the hotel agrees to this.
5. Hotel invoices without a due date are payable within 7 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The hotel reserves the right to prove higher damage.
6. The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (cancellation, cancellation)/ non-use of the hotel's services
1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be expected or if another statutory or contractual right of withdrawal is due.
2. If a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer can cancel the contract up to that point without incurring any payment or damage claims on the part of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless the customer withdraws in accordance with number 1 sentence 3.
3. The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the above claim did not arise or did not arise in the required amount.
V.Withdrawal of the hotel
1. If the customer's right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, waives his right to resignation not waived.
2. If an advance payment that has been agreed or requested in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are booked with misleading or false information about essential facts, e.g. in the person of the customer or the purpose;
- the hotel has justified reason to believe that the use of the hotel's services may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;
- there is a breach of Clause I No. 2 above.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. Room availability, handover and return
1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed evacuation of the room up to 6:00 p.m. and 100% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
4. Rooms must be left in the usual condition according to the lease agreement. In the case of unusual damage, a repair fee of € 50.00 will be charged. In the event of excessive contamination, a cleaning fee of € 50.00 will be charged. If the hotel proves to the customer that the excessive soiling or unusual damage caused higher damage, the actual damage must be reimbursed.
5. The hotel is a strictly non-smoking hotel. If the customer smokes in the room contrary to this provision, a cleaning/breakdown fee of € 50.00 will be charged.
VII.Liability of the hotel
1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in in accordance with the statutory provisions, i.e. up to a hundred times the room price, up to a maximum of €3,500, as well as for money, securities and valuables up to €800 Notifies the hotel immediately of any loss, destruction or damage (Section 703 of the German Civil Code). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
4. Messages, mail and consignments for the guests are treated with care. The hotel takes over the delivery, storage and - on request - the forwarding of the same for a fee. Number 1 sentences 2 to 4 above apply accordingly.
5. Lost property will be kept by the hotel for 6 months. They will be sent to the customer upon request and at their own expense and risk. After 6 months, the hotel is entitled to dispose of the lost property.
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing.
2. Unilateral changes or additions by the customer are invalid.
3. The place of performance and payment is the hotel's registered office.
4. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the hotel's registered office in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
5. German law applies. The application of UN sales law and conflict of laws is excluded.
6. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.